Former Democratic St. Louis Circuit Attorney Kimberly Gardner has admitted to using public funds to cover her personal legal expenses, the Department of Justice announced on Wednesday.
As part of a pretrial diversion agreement, Gardner acknowledged that she ordered her subordinates to withdraw over $5,000 from the St. Louis Circuit Attorney’s Office and then deposited it in her personal bank account to reimburse herself for legal fees associated with a personal ethics lawsuit. The former St. Louis Circuit Attorney, effectively the district attorney for the city, was supported by liberal billionaire George Soros and faced criticism for not prosecuting criminals while in office.
‘The agreement follows a thorough investigation by the U.S. Attorney’s Office and the FBI, during which investigators interviewed all pertinent witnesses and reviewed all available evidence and financial records,” U.S. Attorney for the Eastern District of Missouri Sayler Fleming said about the agreement. The funds “were deposited in her personal bank account and used for her personal expenses unrelated to her job duties and the operations of the Circuit Attorney’s Office. Kimberly Gardner was not entitled under the law to that additional compensation,” according to the diversion agreement.
The illicit legal expense Gardner paid stems from her investigation into Republican Former Missouri Gov. Eric Greitens where the Missouri Supreme Court determined she breached ethics rules. Gardner was probing Greitens for alleged sexual misconduct, though she dropped the case after a judge ruled she would have to answer questions under oath from the former governor’s attorney, The Associated Press reported.
Under the agreement, Gardner’s prosecution will be deferred for 18 months provided that she avoids breaking any other laws and reports to a pretrial services officer. She will also be required to pay back the funds she improperly used.
Gardner resigned from her post as St. Louis’ top prosecutor in May 2023 after Missouri Attorney General Andrew Bailey moved to remove her from office for, among other things, allowing a backlog of “at least 3,000 cases” to stack up without being reviewed. Police data shows that 2020, when Gardner was in office, saw the second-highest number of homicides in St. Louis history.
Bailey accused Gardener of “willful negligence” in a statement to the Daily Caller News Foundation.
While Gardner declined to pursue charges against many criminals, she did launch an investigation into Mark and Patricia McCloskey, St. Louis lawyers who became famous for standing outside their home with firearms to ward off protesters during the 2020 race riots.
“While Ms. Gardner was prepared to vigorously defend any allegations that may have been lodged against her, she and the government agreed to end any dispute and terminate any investigation with the pre-charge diversion agreement,” Ronald Sullivan, the Harvard Law School professor representing Gardner, told the DCNF.
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